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Articles 1 - 12 of 12

Full-Text Articles in Law

How Courts Govern America, Michigan Law Review Mar 1982

How Courts Govern America, Michigan Law Review

Michigan Law Review

A Review of How Courts Govern America by Richard Neely


American Trial Judges, Michigan Law Review Mar 1982

American Trial Judges, Michigan Law Review

Michigan Law Review

A Review of American Trial Judges by John Paul Ryan, Allan Ashman, Bruce D. Sales, and Sandra Shane-DuBow


Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace Mar 1982

Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace

Michigan Law Review

A Review of The Pound Conference: Perspectives on Justice in the Future edited by A. Leo Levin and Russell R. Wheeler


Courts Of Appeals In The Federal Judicial System, Michigan Law Review Mar 1982

Courts Of Appeals In The Federal Judicial System, Michigan Law Review

Michigan Law Review

A Review of Courts of Appeals in the Federal Judicial System by J. Woodford Howard, Jr.


Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review Mar 1982

Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review

Michigan Law Review

A Review of Law Clerks and the Judicial Process: Perceptions of the Qualities and Functions of Law Clerks in American Courts by John B. Oakley and Robert S. Thompson


Two Important Books On Res Judicata, Robert C. Casad Mar 1982

Two Important Books On Res Judicata, Robert C. Casad

Michigan Law Review

A Review of Federal Practice and Procedure, Volume 18: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper, and Restatement of the Law Second: Judgments 2d


Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton Jan 1982

Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton

University of Michigan Journal of Law Reform

This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.


Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine Jan 1982

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …


Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum Jan 1982

Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum

Michigan Journal of International Law

In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …


Eight Cases And Section 251, James J. White Jan 1982

Eight Cases And Section 251, James J. White

Articles

[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …


On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …


Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner Jan 1982

Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner

Articles

Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …